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A Special CBI Court in Delhi on Friday sentenced Former Haryana Chief Minister (CM) Om Prakash Chautala to four years imprisonment and a fine of Rs. 50 Lakhs in the disproportionate assets case.

Special Judge, Vikas Dhull also directed the concerned authorities to confiscate four of his properties.

“……convict being a public servant i.e. MLA/CM of Haryana between the period from 1993 till 2005, instead of working honestly in the public interest, had worked to promote his self-interest i.e. by acquiring assets for himself by abusing his official positions to the tune of 103% of his known source of income and the value of disproportionate assets so acquired is Rs.2,81,18,451/- (Rupees Two Crores Eighty-One Lacs Eighteen Thousand Four Hundred and Fifty One only),” noted the court.

Court observed that the maxim “'power corrupts; absolute power corrupts absolutely” can be applied to the case of the convict.

As per the CBI, Chautala had committed an offence under Section 13(1)(e) of the PC Act, 1988 during the period from 1993 till 2006 and the said offence is punishable under Section 13(2) of the Prevention of Corruption Act, 1988.[PC Act]

Court also observed, “The factum of galloping rise in cases where misuse of official positions is done by public servants to acquire assets is another factor which weighs in the mind of this court against leniency in sentencing the convict so that a strong message is sent to the potential offenders that in case, they acquire assets abusing their official positions, then not only they will be punished heavily but even their properties so acquired shall be liable for confiscation.”

In light of Apex Courts judgments in Mirza Iqbal Hussain through Askari Begum Vs. State of Uttar Pradesh (1982) and State of Karnataka Vs. Selvi J.Jayalalitha & Ors. (2017), wherein it affirmed that the court has the power to confiscate the properties of a convict under Section 457 Cr. P.C in an offense of disproportionate assets under the PC Act, 1988.

Court ordered to confiscate the assets of Chautala under Section 13(1)(e) read with 13(2) of PC Act, 1988 to the tune of Rs. 2.81 Crores. Accordingly, four properties of Chautala are confiscated by the Government of India.

“The SP, CBI / IO is directed to inform the concerned Sub-Registrar / NDMC / HUDA regarding the confiscation of aforementioned properties to the Government of India,” added the court.

“Therefore, this court while exercising its power under Section 16 of the PC Act, 1988 and having regard to the balance DA to the tune of Rs.32,59,087.94p., hereby impose a fine of Rs.50,00,000/- (Rupees Fifty Lacs only) upon the convict. Out of the said fine, Rs.5 Lacs shall be given to the CBI in defraying the expenses incurred in the prosecution/investigation. In the event of default in the payment of fine, the convict shall further undergo Simple Imprisonment of 06 months,” concluded the court.

Case Title: CBI v. O.P. Chautala